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Dec. 8, 2021 In the sequential evaluation of disability by the Social Security Administration (SSA), a major step is whether the individual has a condition that meets the twelve-month duration requirement and that is represented on the Social Security Administration's Listing of Impairments (LOI) or equal to a listed impairment. The LOI is divided into two parts. One part applies to individuals over age eighteen and one part is applicable to individuals under eighteen. The LOI includes fifteen major body categories: growth impairment, musculoskeletal system, special senses and speech, respiratory system, cardiovascular system, digestive system, genito-urinary system, hemic and lymphatic system, skin, endocrine system, multiple body systems, neurological, mental disorders, malignant neoplastic diseases, and immune system. An explanation for what is encompassed by each category is included. Within each category, impairments are given that are considered to rise to the level of "severe" such that they would prevent an individual from engaging in substantial gainful activity. A diagnosis falling within the parameters of the LOI must be established by medical evidence obtained through objective clinical and laboratory techniques. In many instances the required medical evidence is stated in the LOI. Absent appropriate medical evidence, a diagnosis of an impairment will not be found to appear on the LOI. Included with the other information present, the LOI sometimes states the symptoms usually associated with certain listed impairments. Even though an impairment is not specifically listed on the LOI, the SSA authorizes impairments that are the medical equivalent to a listed impairment. The medical evidence received to establish a medical equivalency is given varying weights based on the source of the evidence. For example, the medical opinions of state agency doctors and psychologists are accorded the weight of nonexamining doctors and psychologists. These opinions can be accorded greater weight if based on, for example, the complete case file that includes a medical report from a specialist in the individual's area of impairment. The opinion of a doctor or psychologist who has been appointed by the SSA Commissioner is given the weight of an expert opinion.

Non-employees and members of the public at large are protected against business(es) discrimination/harassment and retaliation under the California Unruh Civil Rights Act (Calif. Civil Code Section 51). Generally, the protected categories from non-employer/business misconduct include: Race; Religious Creed; Color; National Origin; Ancestry; Physical Disability; Mental Disability; Reproductive Health Decisionmaking; Medical Condition; Genetic Information; Marital Status; Sex; Gender; Gender Identity; Gender Expression; Age [over age 40]; Sexual Expression; or, Veteran or Military Status (Calif. Civil Code Sec. 51). Aggrieved complainant’s remedies include filing a civil lawsuit against the offending business(s) with a civil employment lawyer (like me) seeking back and front pay; emotional distress; reimbursement of reasonable medical treatment bills; and recovery of reasonable civil rights attorney’s fees, and costs, from the liable business(es). However, an aggrieved complainant may contact the California Civil Rights Department, the California government agency that is responsible for handling these business discrimination complaints. Its website address is: calcivilrights.ca.gov . The aggrieved complainant may file a written Complaint against the offending business(es) with the Civil Rights Dept. within 1 year of the business’ offending discriminatory act(s). (Calif. Gov’t. Code Sec.12960(e)(1).) There is no fee for filing such Complaint with the Civil Rights Dept. Since the elapse of time, many potential witnesses, and documents, necessary to assist in proving your claim(s), due to the passage, fade away. Therefore, it is best to capture this potential evidence sooner rather than later. The Civil Rights Dept’s website deserves your thorough inspection about how the Civil Rights Dept. goes about its business (which can include its limited investigative personnel conducting an investigation [with no out-of-pocket costs to you] of your Complaint.) Please contact me first to strategize and organize your employee discrimination/harassment and/or employer retaliation claims.

Employees and Job Applicants are protected against employer discrimination/harassment and retaliation under the California Fair Employment and Housing Act (Calif. Government Code Sections 12900—12999, inclusive). Protected categories from employer misconduct include: Race; Religious Creed; Color; National Origin; Ancestry; Physical Disability; Mental Disability; Reproductive Health Decisionmaking; Medical Condition; Genetic Information; Marital Status; Sex; Gender; Gender Identity; Gender Expression; Age [over age 40]; Sexual Expression; or, Veteran or Military Status (Calif. Gov’t. Code Sec. 12940(a)). Aggrieved employee’s remedies include filing a civil lawsuit against the offending employer(s) with a civil employment lawyer (like me) seeking back and front pay; emotional distress; reimbursement of reasonable medical treatment bills; and recovery of reasonable employment attorney’s fees, and costs, from the liable employer(s). However, an aggrieved employee must mandatorily contact the California Civil Rights Department, the California government agency that is responsible for handling these employer discrimination complaints. Its website address is: c alcivilrights.ca.gov . The aggrieved employee must file a written Complaint against the offending employer(s) with the Civil Rights Dept. within 3 years of the employer’s offending discriminatory act(s). (Calif. Gov’t. Code Sec.12960(c)(5).) There is no fee for filing such Complaint with the Civil Rights Dept. Since the elapse of time, many potential witnesses, and documents, necessary to assist in proving your claim(s), due to the passage, fade away. Therefore, it is best to capture this potential evidence sooner rather than later. The Civil Rights Dept’s website deserves your thorough inspection about how the Civil Rights Dept. goes about its business (which can include its limited investigative personnel conducting an investigation [with no out-of-pocket costs to you] of your Complaint.) Please contact me first to strategize and organize your employee discrimination/harassment and/or employer retaliation claims.

Dec. 8, 2021 Children who are blind or disabled are eligible to receive Supplemental Security Income (SSI). The Social Security Administration (SSA) considers a "child" to be an unmarried individual who is under age 18 or, if under age 22, is a student who regularly attends school. A "child" cannot be the head of a household. There is no minimum age requirement; a child may be eligible for benefits from birth. A child is disabled if he has a medically determinable impairment that causes severe and marked limitations in his ability to function, which has lasted or is expected to last at least twelve months or result in death. When the child reaches age eighteen, his disability is reevaluated under the criteria for adults, i.e. whether the individual can engage in substantial gainful activity and whether his impairment has lasted or is expected to last at least twelve months or end in death. "Blindness" for purposes of SSI eligibility means that the individual has 20/200 vision or less in his better eye even with corrective eyewear. A person is also considered "blind" if he has a limited field of vision in his better eye such that he has a contraction of peripheral visual fields to ten degrees from the point of fixation or the widest diameter of his visual field subtends an angle no more than twenty degrees. Even though a child does not meet the statutory definition of blindness, he may still be eligible for benefits pursuant to a "disability." A child's SSI benefits are based on the fact that he has "limited" income and resources. For purposes of making this determination, the SSA will impute to the child a portion of the income/resources from the child's parents. The parents' income/resources are deemed to be available to the child as long as he lives with such parents and they are not, themselves, receiving SSI benefits.